노동조합및노동관계조정법위반
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. In the facts charged, the Defendant is a defense contractor located at 1,000, Ulsan-dong Defense Industry Co., Ltd., a defense contractor affiliated with the special vessel business department of Hyundai Heavy Industries Co., Ltd., which is a defense industry company located at the 1,000 U.S., and is a worker who has been engaged in the special vessel painting business, which is a defense material from July 12, 2013 to March 20, 2015, and is a member of the Korea
No one engaged in the business of manufacture, processing, assembling, maintenance, design, etc. necessary for the completion of electricity, water supply, or defense materials, from among workers engaged in major defense enterprises, shall conduct industrial actions.
Since the Defendant is a worker engaged in the painting business of special lines as defense materials, the Defendant, even though he was unable to conduct an industrial action, performed the strike at the aforementioned plant from around 08:00 to 09:00 on November 6, 2014, and operated the strike on a total of 32 occasions (total 109 hours) by January 23, 2015, as indicated in the attached list of crimes.
2. Determination
1. Relevant regulations and precedents
A. Article 33(1) of the Constitution of the Republic of Korea provides that workers shall have the right to independent association, collective bargaining, and collective action in order to improve working conditions. Article 33(3) of the same Act provides that workers’ right to collective action may not be limited or recognized as prescribed by Act, in accordance with the provisions of the Act.
Article 3 subparagraph 8 of the Defense Acquisition Program Act provides that the term "defense industry" means the manufacture, repair, processing, assembling, testing, maintenance, recycling, improvement, or research and development of defense materials, and Article 3 subparagraph 9 of the same Act provides that the term "defense industry enterprise" means an enterprise that manufactures defense materials and that is designated in accordance with Article 35.
Article 35 (1) of the same Act shall meet the facility standards, requirements for security, etc. prescribed by Presidential Decree and shall be met by the Minister of Trade, Industry and Energy.